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03/18/2015 AgreementAMY NEAVILIN, CPA CLERK Of CIRCUR COURT & COMP'iROLLER WNnoE cauMn, aanroA DATE: March 26, 2015, TO: Kevin Wilson Project Management ATTN: Ann Riger FROM: Lindsey Ballard, D. C\- At the March 18, 2015, Board of County Commissioner's meeting the Board granted approval and execution of the following Item C33 a continuing contract with Amec Foster Wheeler Environment & Infrastructure, Inc. (AMEC) pursuant to Florida Statute 287.055(2), to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney Finance ✓File 06 SCANNED Nx /,rti 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305- 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305- 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES This Agreement ( "Agreement ") made and entered into this 18 day of March, 2015, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "), Amec Foster Wheeler Environment & Infrastructure. Inc. whose address is 5845 NW 158 Street, Miami Lakes, FL 33014, its successors and assigns, hereinafter referred to as "CONSULTANT ", WITNESSETH: WHEREAS, COUNTY desires to employ the professional architectural and engineering services of CONSULTANT pursuant to Florida Statute 287.055(2) (g) for various County Projects located in Monroe County, Florida; and WHEREAS, the employment of the professional architect serves the appropriate public purpose of providing professional architectural services to Monroe County; and WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed Two Million Dollars ($2,000,000.00) or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four years thereafter, with options for the County to renew for one additional 1 year period; and WHEREAS, Specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders; and WHEREAS, Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order; and WHEREAS, The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his /her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 1.1.8 In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the CONSULTANT. ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in this Agreement and the specific Task Order. Professional services shall include, but not be limited to: Preparation and completion of the design program for space requirements and relationships, schematic design, design development, preparation of contract documents for bidding, scope of work, tabulations and review of bids, recommendation of contract award, cost estimating during design and document preparation, administration of contract documents, consultation and on site inspections during construction, process shop drawings, recommend approval of contractor invoices, preparation and submittal of permit applications, zoning applications and presentations to the County Commission. All projects shall have construction costs, which do not exceed Two Million Dollars($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars($200,000.00). 2.1.1 CONSULTANT's Basic Services consist of those described in Paragraphs 2.2 through 2.8, and other services identified as part of Basic Services, and include normal, civil, structural, mechanical, and electrical engineering services. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the Owner. The CONSULTANT shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished per Article 4.4 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The CONSULTANT shall review the program, schedule and construction budget furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 2.2.2 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department proposed site use and improvements, required permits, zoning, selection of materials, building systems and equipment; and method of Project delivery. 2.2.3 The CONSULTANT shall review with the Owner and Monroe County's Project Management Department alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the CONSULTANT shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 At levels of completion of 25 %, 50% and 75% of the Schematic Design Phase, the CONSULTANT shall provide schematic design studies for the Owner's review and the Monroe County's Project Management Department's information. 2.2.6 Upon completion of the Schematic Design Phase, the CONSULTANT shall provide drawings, outline specifications, estimate of anticipated cost in accordance with the schematic designs, and other documents for the Owner's approval and the Monroe County's Project Management Department's information. 2.2.7 The Schematic Design must be approved in writing, by the Owner prior to CONSULTANT continuing to the Design Development Phase. 2.3 SCHEMATIC DESIGN PHASE REQUIREMENTS 2.3.1 The Schematic Design Phase services shall respond to program requirements and consist of preparation of: conceptual site and building plans, preliminary sections and elevations, development of approximate dimensions, areas and volumes, concept sketches as required to explain the design intent to the owner. Perspective renderings and models, if required by the Owner, will be billed as an additional service after the Owner's written approval. The CONSULTANT shall perform the following design phase tasks: a. Structural Design /Documentation services during the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: a predetermined structural system and alternate structural systems. b. Mechanical Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: energy source (s), energy conservation, heating and ventilating, air conditioning, plumbing, fire protection, special mechanical systems, process systems, and general space requirements. C. Electrical Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, systems and equipment, analyses, and development of 4 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT conceptual design solutions for: power service and distribution, lighting, telephones, fire detection and alarms, security systems, electronic communications, special electrical systems, and general space requirements. d. Civil Design /Documentation services during the Schematic Design Phase consisting of consideration of alternate materials and systems and development of conceptual design solutions for: on -site utility systems, off -site utilities work, fire protection systems, drainage systems, sewage treatment, and paving. 2.4 DESIGN DEVELOPMENT /DOCUMENT PHASE 2.4.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the CONSULTANT shall prepare Design Development Documents for the Construction Manager's review and the Owner's approval. The Design Development Documents shall consist of drawings and other documents that establish and describe the size and character of the Project as to architectural /engineering, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.4.2 At intervals mutually agreeable to the Owner, Construction Manager and CONSULTANT, the CONSULTANT shall provide drawings and other documents which depict the current status of design development for the Owner's review and the Monroe County's Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated cost in accordance with the design development phase. 2.4.3 Upon completion of the Design Development Phase, the CONSULTANT shall provide drawings, outline specifications and other documents for the Owner's approval and the Monroe County's Project Management Department's information. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the design development phase. 2.4.4 The Design Development Documents must be approved in writing, by the Owner prior to CONSULTANT continuing to the Construction Documents Phase. 2.5 DESIGN DEVELOPMENT PHASE REQUIREMENTS To satisfactorily perform the design development phase requirement, the CONSULTANT must complete the tasks set forth in paragraphs 2.5.1 - 2.5.13. 2.5.1 Floor Plans - This consists of general plans, overall coordinating plans, and plan enlargements for important and special areas. Data required: a. Building perimeter (footprint) and exterior wall type, thickness and composition fixed b. Structural grid or system C. Major mechanical /electrical systems determined and their requirements reflected and indicated on plans d. Indicate buildings core - elevators, stairs, etc. e. All internal partitions of appropriate thickness indicated f. Floor, slab, and level elevations PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT g. Typical door types h. Typical partition types i. Built -in furniture items - special furniture and equipment (early clarification of what is "NIC" and "by owner ") j. Larger scale (e.g., '/ "). Key areas, lobby, entries, public plaza, major corridors, special spaces, etc. Required: All surfaces (floor, wall, and ceiling treatments), furniture indication, and layout. k. Evacuation routes identified (to include locating necessary posting of evacuation route plans). 2.5.2 General Elevations a. Total full- height facades including roof structures b. All fenestration C. Overall vertical building and floor heights d. Indicate cross - reference points with sections e. Indicate setbacks, building profiles, expansion joints, etc. f. Indicate treatment of visible mechanical equipment g. System impact (precast concrete, stone, panel systems, metal /glass curtain wall, etc.) properly selected by adequate technical investigation. 2.5.3 Sections Overall Sections - Overall building longitudinal and transverse "building explanation" type. Detail Wall Sections - Largest scale (e.g., 3 / "). Dominate full- height sections conveying basic building configuration, to indicate: a. Foundation and perimeter treatment b. Typical wall construction C. Back -up structure, abutting floor systems d. Window location and insulation methods e. Flashing, masonry coursings f. Mechanical penetrations impact (furring, etc.) g. Parapet design 2.5.4 Details - Large scale (1 -1/2 ", 3 ") as required. Indicate key conditions. a. Window types: divisions, pattern, mullion profiles, vent detail, glazing type, jamb /head, plan section b. Hollow metal (typical only; keyed to plans and schedules) C. Frame types (typical only; for compatibility and profile) d. Stair types - egress, public, exterior (including railing design) Metal and glass walls, borrowed lights, etc.; for division, profile, and glazing f. Interior partition types (typical only; keyed to plans and schedules) g. Built -in furniture items, receptions, desks, work tops, counters, cabinet types, display cases, recesses, wardrobes, millwork, etc. 2.5.5 Interior Elevations - Typical and special spaces, interfaced with, and cross - referenced to, floor and reflected ceiling plans. Indicate: a. Breaks PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT b. Level changes C. Pertinent vertical dimensions. 2.5.6 Reflected Ceiling Plans - Typical and special space. Integrated plans reflecting structural, mechanical, and electrical impacts. Plans to indicate: a. Lighting layouts b. Soffits, coves, furrings C. Skylight locations d. Ceiling materials e. Acoustic treatments f. Heating and ventilating register, diffuser locations g. Sprinklers h. Access panels 2.5.7 Schedules - Schedules to be non - repetitive and comprehensive, with specific keying to floor plans and elevations. a. Interior finishes b. Doors and frames C. Preliminary hardware d. Windows /glazing 2.5.8 Specifications - Comprehensive, abbreviated methods, materials and systems descriptions in tune with drawings. Use CSI format with applicable section numbers. Include all consultant portions as well as those special supplementary conditions specific to the project. 2.5.9 Preliminary Estimate of Construction Cost - Adjustment of the preliminary estimate of construction cost prepared at the end of schematic design. 2.5.10 Structural Design Development Set a. Floor plans at the same scale as the architectural /engineering drawings b. Typical floor framing plans, including sizing of beam drops, slab openings, thicknesses, and depressions C. Framing indication and governing sizing at: roof structures, penthouse, bulkheads, other d. Non - typical framing scheme where required: lobby, floors at grade, and other e. All column points established f. Final column schedule g. Preliminary details and sections to adequately indicate structural system h. Preliminary details of major unique conditions that impact on scheme (as determined by the CONSULTANT) i. Details indicating accommodation with mechanical /electrical at areas of major interface j. Design development specifications k. Any necessary recommended adjustments to the preliminary estimate of construction cost. 2.5.11 Mechanical /Electrical Design Development Set PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT a. Typical floor plans. Systems representation in diagrammatic (non - detailed) style, major items of equipment indicated their space requirements and interface requirements with other systems. Indicate: major shafts (sizes), chases, mechanical rooms and electric closets, and convector /fan coil locations, etc. b. Required punctures: wall, slab, and beam C. Terminal plans (lobby, cellar, roof) with items of heavy equipment shown in diagrammatic style, with their space requirements indicated: (1) Boiler /heater spaces (include clear height requirements), (2) Transformer vaults (approved obtained from local utility company), (3) Switchgear, emergency generator, water storage tanks, fire pumps, etc., (4) Roof cooling towers, major air - conditioning and air - handling equipment, packaged units, etc. d. Locations of major roof -air handling equipment: cooling towers, exhaust fans, etc. e. Preliminary details of major and unique conditions that impact on scheme (as determined by the CONSULTANT) f. Data to be developed in conjunction and in coordination with the project team: 1. Integrated diagrammatic lighting plans indicating all overhead mechanical and electrical equipment for typical floor and special spaces 2. Cuts and explanatory information for interior visual items such as: louvers, registers, heating /cooling units, and cabinets. 3. Exterior louver requirements and proposed locations. 2.5.12 Site Design Development Set a. Building location plan -- building tied down dimensionally with pertinent adjacencies, street lines and grades, property lines, required setbacks, easements, rights of way, manholes, sewers, hydrants, light standards, etc., interfaced with survey. b. Main entry level datum elevation with key exterior grades at building perimeter. C. Site development grading and landscaping plans d. Overall preliminary site grading and defined design of external elements, properly coordinated and interfaced with mechanical /electrical for utility entry points e. Indicate areaways, vaults, access to sub -grade spaces f. Preliminary site and exterior building lighting scheme with identification of fixture types g. Parking area defined with preliminary plotting h. Indication of paths, stairs, ramps, berms, terraces, etc. i. Plant materials (indication and preliminary schedule) j. Design development details: railings, stairs, ramps, paving types and patterns, kiosks, benches, light standards, others k. Design development specifications I. Any necessary adjustments to the preliminary estate of construction cost. 2.5.13 Other Consultants' Design Development Sets As appropriate to the Project. 2.5.14 Limitations - The above list of drawings represents, in general, the requirements of the Project. PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 2.6 CONSTRUCTION DOCUMENTS PHASE 2.6.1 Based on the approved Design Development Documents and any further adjustments authorized by the Owner in the scope or quality of the Project or in the construction budget, the CONSULTANT shall prepare, for approval by the Owner and Monroe County's Project Management Department, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.6.2 The CONSULTANT shall provide Drawings and Specifications for the Owner's and the Monroe County's Project Management Department's review. 2.6.3 Upon completion of the Construction Documents Phase, the CONSULTANT shall provide Construction Documents for the Owner's and Monroe County's Project Management Department's approval. Once approved the CONSULTANT shall provide the Owner with seven (7) complete signed and sealed sets of construction drawings and four (4) hard copies of the technical specifications and one copy of the drawings and the technical specifications saved electronically in Adobe Acrobat file (.PDF) format delivered on a downloadable CD /DVD. Any and all files used to create the technical specifications need to be submitted saved as an Adobe Acrobat file (.PDF) format, with tabbed and indexed section including but not limited to; technical sections, reports such as, asbestos, geotechnical, soils, paint, and photographs. The CONSULTANT shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.6.4 The CONSULTANT shall assist the Owner and Monroe County's Project Management Department in the preparation of the necessary bidding information, bidding forms, the Conditions of Contracts, and the forms of Agreement between the Owner and the Contractors. 2.6.5 The CONSULTANT's construction documents (plans, specifications, etc.) will conform to all written codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to receive all permits when applied for. If permits are denied, then the CONSULTANT will conform the construction documents in such manner to receive permits upon such plans. Work required from the CONSULTANT to conform the documents to federal, state, city, county, or agency specifications and permit requirements to allow them to be approved shall be completed at no charge or cost to the Owner. 2.7 BIDDING OR NEGOTIATION PHASE 2.7.1 The CONSULTANT, following the Owner's approval of the Construction Documents and the CONSULTANT's latest estimate of Construction Cost, shall assist the Monroe County's Project Management Department in obtaining bids or negotiated proposals and assist in preparing contracts for construction. 2.7.2 The CONSULTANT shall assist the Monroe County's Project Management Department in issuing bidding documents to bidders and conducting pre -bid conferences with prospective bidders. The CONSULTANT shall assist Monroe County's Project 9 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT Management Department with any specific questions from bidders by responding directly to Project Management on questions. CONSULTANT shall not respond directly to bidders. The County is responsible for issuing all addenda. 2.7.3 The CONSULTANT shall, on behalf of the Owner, file all necessary documents required to secure all permits. Assistance with securing a development approval will be in the form of providing schematic drawings. 2.8 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.8.1. The CONSULTANT's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for construction and terminates with the issuance to the Owner of the final Project Certificate for Payment including the submission of all project close -out documents by the CONSULTANT and Contractor. The CONSULTANT will administer the Owner /Contractor contract as provided for in that document. The CONSULTANT agrees to perform a project check prior to the end of the warranty period as a part of the contract. The check shall not exceed one working day unless additional time is approved by the Owner. 2.8.2 The CONSULTANT shall at all times have access to the Work whenever it is in preparation or progress. 2.8.3 The CONSULTANT shall, as contemplated herein and in the Construction Contract, but not otherwise, act on behalf, and be the agent, of the Owner throughout construction of the Project. Instructions, directions, and other appropriate communications from the Owner to the Contractor shall be given to the Contractor by the CONSULTANT or Monroe County's Project Management Department. 2.8.4 Upon receipt, the CONSULTANT shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data which the Owner or the CONSULTANT may require from the Contractor. The purpose of such review and examination shall be to protect the Owner from an unbalanced Schedule of Values which allocates greater value to certain elements of the Work than is indicated by such supporting documentation or data, or than is reasonable under the circumstances. If the Schedule of Values was not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the Owner directs the CONSULTANT to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision of supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the CONSULTANT shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The CONSULTANT shall not approve such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the Owner. 2.8.5 The CONSULTANT shall carefully inspect the work of the Contractor and shall, at a minimum, inspect work at the Project site once every week. The purpose of such inspections shall be to determine the quality and quantity of the work in comparison with the requirements of the Construction Contract. In making such inspections, the CONSULTANT shall protect the Owner from continuing deficient or defective work, from 10 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT continuing unexcused delays in the schedule and from overpayment to the Contractor. Following each inspection, the CONSULTANT shall submit a written report of such inspection, together with any appropriate comments or recommendations to the Owner. 2.8.6 The CONSULTANT shall initially approve periodic and final payments owed to the Contractor under the Construction Contract predicated upon inspections of the work and evaluations of the Contractor's rate of progress in light of the remaining contract time and shall issue to the Owner Approvals of Payment in such amounts. By issuing an Approval of Payment to the Owner, the CONSULTANT reliably informs the Owner that the CONSULTANT has made the inspection of the work required, and that the work for which payment is approved has reached the quantities or percentages of completion shown, or both, that the quality of the Contractor's work meets or exceeds the requirements of the Construction Contract, and that under the terms and conditions of the Construction Contract, the Owner is obligated to make payment to the Contractor of the amount approved. 2.8.7 The issuance of a Certificate for Payment shall not be a representation that the CONSULTANT has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or; (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.8.8 The CONSULTANT shall have authority, after notification to the Monroe County's Project Management Department to reject Work, which does not conform to the Contract Documents. Whenever the CONSULTANT considers it necessary or advisable for implementation of the intent of the Contract Documents the CONSULTANT will have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. 2.8.9 The CONSULTANT shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The CONSULTANT's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the Owner's own forces, while allowing sufficient time in the CONSULTANT's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The CONSULTANT's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the CONSULTANT, of construction means, methods, techniques, sequences, or procedures. The CONSULTANT's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristic of materials, systems or equipment is required by the Contract Documents, the CONSULTANT shall be entitled to rely upon such certification 11 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. CONSULTANT shall take appropriate action on submittals within 14 calendar days. The CONSULTANT shall maintain a tracking log for the submittals which shall include but not be limited to; the submittal as named in the specification, all dates as required for tracking and the status of approval. A copy of the tracking log will be made available to Owner when requested. 2.8.10 The CONSULTANT shall review and sign or take other appropriate action on Change Orders and Construction Change Directives prepared by the Monroe County's Project Management Department for the Owner's approval and execution in accordance with the Contract Documents. CONSULTANT to take appropriate action within 7 calendar days. 2.8.11 The CONSULTANT shall promptly provide appropriate interpretations as necessary for the proper execution of the work as long as there is no change in Contract price. 2.8.12 The CONSULTANT shall require inspection or re- inspection and testing or retesting of the work, to include architectural /engineering, structural, mechanical and electrical engineering portions of the work, in accordance with the provisions of the Construction Contract whenever appropriate. 2.8.13 The CONSULTANT, assisted by the Monroe County's Project Management Department, shall conduct inspections to determine the dates of Substantial Completion and the date of Final Completion. The CONSULTANT shall submit to the Owner a list comprised of incomplete and /or unacceptable items required by the Contract Documents to include architectural /engineering, structural, mechanical, and electrical engineering portions of the work. The CONSULTANT shall forward to the Monroe County's Project Management Department warranties and similar submittals required by the Contract Documents which have been received from the Contractor. The CONSULTANT shall issue a final Project Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.8.14 The CONSULTANT shall interpret and decide matters concerning performance of the Contractor under the requirements of the Contract Documents upon written request. The CONSULTANT's response to such requests shall be made with promptness and within seven (7) days of receipt of request. 2.8.15 Interpretations and decisions of the CONSULTANTs shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings and submitted on proper Construction Change Directives. 2.8.16 The CONSULTANT shall render written decisions within a reasonable time on all claims, disputes or other matters in question between Owner and Contractors relating to the execution or progress of the Work as provided in the Contract Documents. 2.8.17 Duties, responsibilities and limitations of authority of the CONSULTANT shall not be restricted, modified or extended without written agreement of the Owner and CONSULTANT. 2.8.18 The CONSULTANT shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as a Basic Service at the Owner's direction from time to time during the correction period 12 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT described in the Contract for Construction. This advice and consultation shall be limited to verbal comment on actions of the Owner and shall not necessitate filing of records, forms, or revisions to drawings, without additional compensation. 2.8.19 The CONSULTANT shall transmit to the Owner all manuals, operating instructions, as- built plans, warranties, guarantees and other documents and things required by the Construction Contract and submitted by the Contractor. 2.8.20 The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The CONSULTANT shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. The CONSULTANT shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the work. 2.8.21 The CONSULTANT shall testify in any judicial proceeding concerning the design and construction of the project when requested in writing by the Owner, and the CONSULTANT shall make available to the Owner any personnel or consultants employed or retained by the CONSULTANT for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to, or arising out of, the design or construction of the project. Testimony will be provided as part of the basic services when in defense of claims for actions of the CONSULTANT, unless otherwise prevented by counsel of the CONSULTANT and which time it would be subject to subpoena. For other claims against the Owner, the CONSULTANT will do this under an expert witness with compensation. 2.8.22 The CONSULTANT shall review any as -built drawings furnished by the Contractor and shall certify to the Owner that same are adequate and complete. 2.8.23 The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its consultants, or both. 2.8.24 The CONSULTANT must reimburse the Owner for any added costs paid by the Owner during construction that were incurred as the result of any omission, deficiency, or conflict in the work product of the CONSULTANT, its consultants, or both. This added expense is defined as the difference in cost from that which the Owner would have paid if the work was included in the bid, and the actual cost presented by the Contractor. ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 13 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. 3.3 The following services are considered Additional Services and not included in Basic Services: A. Providing services of CONSULTANT for other than the previously listed consulting scope of Project provided as part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by the COUNTY. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work, so long as the requested documents are in the possession of the County. 4.7 Information requested by the CONSULTANT that may be of assistance to the CONSULTANT and that the COUNTY has immediate access to will be provided as requested. 14 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION I 14 S.r * f W--�WD ) 15 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A, or as an agreed upon lump sum fee, which will be defined in each specific Task Order. 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought and the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses are not allowed as part of this contract. 7.4 ADDITIONAL SERVICES 7.4.1 Any Additional Services shall be negotiated and agreed to with each individual Task Order. 16 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 7.5.1 BUDGET 7,5,1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.5.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 7.5.3 If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this Agreement or in the separate Task Orders for individual projects, the Agreement may be terminated immediately at the option of the COUNTY by written notice of termination delivered to the CONSULTANT. The COUNTY shall not be obligated to pay for any services provided by the CONSULTANT after the CONSULTANT has received written notice of termination, unless otherwise required by law. 7.5.4 The COUNTY does not guarantee CONSULTANT any specific amount of work or Task Orders under this Agreement. The parties shall enter into a separate Task Order for each project awarded to the CONSULTANT by the COUNTY. The specific services to be performed under these separate Task Orders will be determined by the COUNTY and agreed to by the CONSULTANT. Each Task Order will contain specific scope of work, time schedule, charges, payment conditions, and additional terms and conditions applicable to that specific Task Order. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) calendar days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. 17 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage or $100,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,00 per Person, $500,000 per Ocurrence, $200,000 Property Damage or $500,000 Combined Single Limit. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Architects Errors and Omissions insurance of $500,000 per occurrence and $1,000,000 annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS 18 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The Drawings, Specifications and other documents prepared by the CONSULTANT are instruments of the CONSULTANT'S service for use solely with respect to each individual Task Order and the CONSULTANT shall be deemed the author of documents and shall retain all common law, statutory and other reserved rights, including reproducible copies, of the CONSULTANT'S Drawings, Specifications, and other documents shall not be used by the COUNTY or others on other projects except by agreement in writing and with appropriate compensation to the CONSULTANT. The COUNTY may utilize the construction documents, As -Built documents, etc., as required for reference on any necessary future work on the site, and for constructing, using and maintaining the project. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. Termination expenses shall include expenses available under the Agreement through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the COUNTY and subject to audit for the purpose of verification. 19 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT 9.6 CONTRACT DOCUMENTS This contract consists of any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments, if any, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies 20 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 PUBLIC RECORDS "Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 9.10 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the W' Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.11 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.12 ATTORNEY'S FEES AND COSTS 21 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. 9.13 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.14 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.15 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.17 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.18 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent 22 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.19 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.20 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.21 NO SOLICITATION /PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY 23 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT shall have the right to terminate this Agreement without liability and, at its discretion, tc offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.23 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.26 NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or 24 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.28 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.29 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.30 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 25 PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA �e Deputy Clerk Date: ��oeoeae •° 4 (Seal) e Attest:. E W y ' BY: Title: �it'�� By: Mayor/Ch I,FOKIROF COUNTY ATTORNEY AR ,JVED AS TO C 4 NAT EENE W. CASSEL AS €_ ISTA.NT COUNTY ATTORNEY Date CONSULTANT AMEC Foster Wheeler Environment & Infrastr ture, I By: Title: Senior Presi ent END OF AGREEMENT W. PROFESSIONAL ARCHITECTURAL AND ENGINEERING CONTINUING SERVICES CONTRACT ATTACHMENT "A" HOURLY RATES 27 amec foster wheeler SCHEDULE RATE Title Standard Hourly Rate Principal $ 206.00 Senior Project Manager $ 172.00 Project Manager $ 147.00 Senior En ineer $ 157.00 Engineer $ 123.00 Senior Inspector $ 96.00 Inspector $ 76.00 Senior Planner $ 139.00 Planner $ 110.00 Senior Designer $ 114.00 Designer $ 94.00 Environmental Specialist $ 109.00 Senior Environmental Specialist $ 134.00 Scientist/Geologist $93.00 Senior Scientist/Geologist $ 118.00 Marine Biolo ist/H dro eolo ist $ 110.00 Senior Biolo ist/H dro eolo ist $ 138.00 Senior GIS Specialist $ 139.00 GIS Specialist $ 102.00 Clerical /Administrative $ 62.00 Senior Technician $ 85.00 Technician $ 72.00 Surveyor and Mapper $ 120.00 CADD Technician $ 81.00 Survey Crew — 2 man $ 130.00 Survey Crew — 3 man $ 161.00 Survey Crew — 4 man $ 189.00 Senior Architect $ 154.00 Architect $ 121.00 Amec Foster Wheeler E &I, Inc. 5845 N.W. 158th Street Miami Lakes, Florida 33014 Tel 305) 826 -5588 www.amecfw.com Fax 305) 826 -1799 Amec Foster Wheeler Title Jose R. Perez, AIA, LEED AP, CGC Principal in Charge Armando Hernandez, PE, SI QA/QC Advisor Santiago Jimenez, AIA, LEED AP Project Manager Daniela De Rossi, RA, NCARB Architectural Services Jose A. Milian CADD James Santiago, RLA Landscape Architecture Mathia N. Scherer Historic Renovation/Preservation Jonathan H. Williams, PE Structural Engineering Brian S. Hathaway, PE Geotechnical Engineering Carlos Cepero Geotechnical Engineering David Soler, PE Civil Engineering Peter J. Medico, PE Civil Engineering Nestor Fernandez Construction Manager Eduardo Cueto Lab Manager Ricardo Fraxedas, PE Environmental/Permittin Wendy C. Blondin, PG Environmental/Permittin Jeremy Paris, PWS Environmental/Permitting R. Michael Jones, PLS, CFedS Surveying and Mapping Services Marc E. Wampler, RPA Archeological Services David E. Breetzke, RPA Archeological Services JSK Architectural Group Title Jorge Kuperman, AIA, NCARB Historic Renovation/Preservation Ellen U uccioni Historic Renovation/Preservation SRS Engineering Title Gisela Rey, PE Civil Engineering Ignacio Serralta, PE Civil Engineering ame6 Firm Composition and Structure Headquartered in Atlanta, Georgia, AMEC Environment & Infrastructure, Inc. (AMEC) is an international environmental consulting, engineering and design, and construction corporation operating with more than 4,100 professionals in 115 locations across the United States. Serving the clean energy, federal, industrial/commercial, mining, oil and gas, transportation, and water sectors, we provide services to both public and private clients worldwide. This entity is part of a larger division1111) of AMEC plc, a publically traded company based in London. —■ Established in 1946, AMEC was incorporated on June 1, 1994, in the state of Nevada. Our firm is NEI N licensed and certified to do business in the state of Florida. Our firm is 100 percent owned by National MIN■ Ventures, Inc. ■ 0 State of Florida Department oftin State p0 —I,, I certify from the records of this office that AMEC ENVIRONMENT& INFRASTRUCTURE,INC.is a Nevada corporation authorized to transact 11113 business in the State of Florida,qualified on August 3,2000. CD The document number of this corporation is F00000004389. I further certify that said corporation has paid all fees due this office through December 31,2014,that its most recent annual report/uniform business report 0 was filed on January 16,2014,and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the 111) Great Seal of the State of Florida at Tallahassee,the Capital,this the Sixteenth day of January,2014 all k `r e -11171 Secretary of State Authentication ID CC4759816059 To authenticate this certilicate,visit the following site,enler this O ID,and then follow the instructions displayed. hltps://elile.sunbiz.orgicertauthver.html 0 Monroe County Staffing, Request for Qualifications Professional Engineering and Architectural Qualifications of September 9, 2014 Continuing Services Contract Key Personnel 52 and Technology Licenses and Registrations STATE 44PARTNINT OF SUSSII i NOFLl ORICIA S/MAL Mauuiwl/ ; � !AC4 7077 8 2 STATE of FLORIDA *two of ARCIRTECTURL&SITRNO ItMaa10R . . �•.:. !* IY� . ! s wAtD .oiaITK Vei m�LfGL aMe iMwgu AA. F .. , ) ��Lltan I R 1 ,, The ARCHITECT CORPORATION r _...�.. :un4/1412:/2014J436 ' NrtredWoO IS C4RTtC1ED 11 .� �T0444Tf4e yr.. UO3M Ole trofeorr tl CAFRW ISI FS The 111TERI OR OEDIDIr4R _....__ e14ei1Cw date Pre fan 2611 ' X4nee Pilaw TO LIZENEED Jndee ehe peovti t 044 of 1'2IApyt•I n expirAtlan:Lice: run 23. 1011 # " AYEC 0INIRONtENTe INFRASTRUCTURE,INC y ISO COCOA ISLES ONO 027 5N 27T8 RD n COCOAREACI4 0132031 1(16211 lL 331232245 INHRm i -_.�.__-- _ ...„._..,..a........__...._.- .. _ _ .. _.. GOVERN AT DISPLAY Os REOVniE0 BY LAW BaRSTARRYY .,� State of Florida - ACS707614 STAFF OF FLORIDA Board-of 17roiessional Engineers ofPAEi ni,°brAgfiliFli niet°M SbligaAti°R ' Ant.0 ItRR eEaR Li11731e0eF1 AMEC Environment&Infrastructure.Inc. ��L1C W]R ON • 11/1f/305 152O8.47i$4 ll0412141 -^------__.--- 1 3 )j The ARCelow I ! Need below IS einno D ender the provi.ione of CVp cet 431 I1. b aid orhed tuber the pi1ONIM .023..natida Stamm,to offer srghteerirj'ere 1p3 ewpir•elww d.c.. 11 ae. self -, '' to rho pubic du rough a fisibIew.dolt tu....e,t udder firer 471.n o.1.d°Sootrxa PARII JOSS RUCs+ �tiA�OtIRIR� to �Itua r'l,tl� C 9No+ i su..ax10 k a773 IID FL /3110224, nl Id,,.4,wwmw,ts.,i.. 1,,P.K .L87932 1 RTC![SCOTT AMLONSON It - 4.4.,r 0.44,4w..e...., rv. .. r pan [x,f P.mte, a so, SOW:POR 07Pl.AYAt ri011nEtl3rrtN:► SRCRIr7AIY MSAryI..Ae Pt.,FAA...lima.)iw9 etM State of Florida hereseleea1 Surveyor and Mapper Business Mean `°°" 'I'' ,.,.m.aChy..rJ,_.tt""'1 `antles Board of Professional Engineers Attests that .t IA'ENVIRON31t.NT&I.NA RA51 NVCTUNE.INV. IIMI.1 KF.t1'M)O PKR'S STF.!M ��,� Jonathan Henry Williams, .E. AIPIIARf.TTA.GA 3E009-7615 A11414R Pig n14M 4.t144I5SIONI R 171-MAIWI 1 Tsar Is licensed as a Professional newer under Chapter 471,Florida Statutes 1' No- PATE Of FLORIDAA rpumNNt 22N2o15 PE I.c No- DIONATMRTOf82 11U AND NNNlSs1CMlL orOat0nOR Audi)N0: 228201524255 71800 e104110 0P mown CRMe R/.ISRI011 DONOR prele aCSMf4� •I Nrpe.p,eerLTrFNoonFe State ofFlorida de FM 3.MO E,,�,SANTIAGO Board of Professional Engineers 4732 SWROMAVEAPTKt Attests that MAW FL AVM . masal'. Armando J.Alvarez Jrl, P.E. 1 13131 Bus nes� Pro ;1 f ' Is licensed as a Professional ngtneer under Chapter 471,Florida Statutes • A • I. le s E R Expiration:2/28/2015 PE.Lit.No: tw Oa Audit No: 228201516163 55980 pill REre�r NWd F1NeR1, ticento On/fdA PIRA OR �. - State of Florida ARLT e+ .R , SA 4NTIAGO,lAMe6(w...ner.. Ness•Arose mu..., m1MRA mo,4C,SI, 612NE141NAVE.APT.A Board of Professional Engineers rotA°0r212AI2 nw6L 33304 Aunts chat County RROWAND Ricardo Fraxedas,P.E mrtnM.) 1 E.3f'#. Is licensed as a Professional ngtneer under Chapter 471,Florida Statutes 1 Expiration:2/2012015 P.E Lic.No: Leone DSmMtMe Audit No: 228201503662 43287 } IKent!Type: 00SYteroo tallOwsPe Art611441 _-._ Rant' landscape Art . -_ - t1.n111., LA00007f3 sat., Curr.nl,Adlo. , otL.Oe Nrt' 04/IS/1943 { _.rr a 11/30/lot, *WI.721110k11114413 OeinimN SRarre • • Monroe County Staffing, Request for Qualifications Professional Engineering and Architectural Qualifications of September 9, 2014 Continuing Services Contract Key Personnel and Technology Licenses and Registrations RICK SCOTT,GOVERNOR _..- KEN LAWSON,BECRlrARV State of Florida MIS OF FLORIDA DEPARTMENT OP BOSNIESS AND PROFESSIONAL REOOLATION BOARD OP PROFESSIONAL OEOLOOIMTS Board of Professional Engineers ROItM 11221 A[[tr[S that The PROFESSIONAL GEOLOGIST Nose e.4r IS LICENSED Peter John Medico, P.E. Unto Me pntroto tnt Chapter del FB ErW4e0A WW: AN 31,2016 _ a . o `, 186EBLUE HARBOR ORWl--- ,'i'4 V Is licensed as o Professional Engineer under Chapter 471,Florida Statutes TAVERNIER FL33OTD �^.''I' Expiration:2128/20/5 P.E.Lic.No: . X:' l Audit Na: 228201515429 42654 - ©..' s. 14-H Orp.rtaE d ApINN.rr mid C aumrr 14,kr. �/� S i p'ilen of C'oraa.4 rnkn arA I .e N.. LS42OI__ .- .. ryV/1i:98 3, '` f - S.rd 4Prondrtvl 4nh,+f.d tl.14.0 I,pm..Pale IvMrar,.K 20I., alIK APVrtn Mrs)rW.h.we..Flo.1A.MMERANO KaITa%ORM `c . o 2 tlsPkrrnv1PT OF $USIUU ASO PRon6e2 „IplaULATION ARp6423 *0011441 000000000 Prorestdonal Surveyor and Mapper LLeenee g l'a4r the imn wow,.f Chapn.r.02, Slaw,. Sid ARCH:TRC! ` ...— .- OR ROSSI, ROSF.RT 111fI1AF1.JO,ES 1300FOCFIKE DR /'� i' x.aLbTC.;. PUMA,Fl.1111A_413 !�J d I6 Weill/OD reps AKe. 1►ts1ma at cE.461 PN p r.e.c ._._...._.___J r .au ..10 ter lo0 U— . idlir , sa...- r /, ' -II% ll L3207OS]LS • f. r / /f 4\\ • 1 y�flN Aiiiik it -... ,.:. 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A:l 4. • 1 .K.. r p A 44 A. , ,,,,,., ,,, 5 tr ! 4 f i . / ,, ) \ i \ Monroe County Staffing, Request for Qualifications Professional Engineering and Architectural Qualifications of September 9, 2014 Continuing Services Contract Key Personnel 89 and Technology PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES NON - COLLUSION AFFIDAVIT I, Michael Phelps, PE of the city of Lakeland according to law on my oath, and under penalty of perjury, depose and say that: I am Michael Phelps, PE of the firm of AMEC Environment & Infrastructure, Inc. the bidder making the Proposal for the project described in the Request for Qualifications for: Professional Engineering and Architectural Services and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this ja7ffivit in awardirt c racts for said project. September 9, 2014 (Signature of Respondent) (Date) STATE OF: Florida COUNTY OF: Polk PERSONALLY APPEARED BEFORE ME, the undersigned authority, Michael Phelps, PE who, after first being sworn by me, Michael Phelps, PE affixed his /her signature in the space provided above on this 9 ,.ro:t_ °�o KATHYRIA N RIVERA Notary Public - State of Florida My Comm. Expires May 1, 2015 Commission EE 89186 „..... day of September 20 14 . N TAR PUBLIC �! My Commission Expires: 0.501,'X) 1-5 Monroe County Forms Request for Qualifications Professional Engineering and Architectural September 9, 2014 Continuing Services Contract . PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE AMEC Env ironment & Infrastructure, Inc. (Company) warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee ". (Signature Date: September 9, 2014 STATE OF: Florida COUNTY OF: Polk Subscribed and sworn to (or affirmed) before me on September 9, 2014 (date) by Michael Phelps, PE (name of affiant). He /She is pSM k nown to me or has produced as identification. (type of identification) NOTARY PUBLIC ` { My commission expires: C E� (,7-1> Monroe County Forms Request for Qualifications Professional Engineering and Architectural September 9, 2014 Continuing Services Contract ,1 - Y Pt, ?�, ,�<{,i KATHVRIA N. RIVERA . Notary Public - State of Florida = My Comm. Expires May 1, 2015 Commission # EE 89186 P. NOTARY PUBLIC ` { My commission expires: C E� (,7-1> Monroe County Forms Request for Qualifications Professional Engineering and Architectural September 9, 2014 Continuing Services Contract . IN ' PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: AMEC Environment & Infrastructure, Inc. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. AOZ/� Zlt�_ Michael Phelps, PE Responder s Signature September 9, 2014 Date ; ?o�++" KATHYRIA N. RIVE]Florida - Notary Public - State of My Comm Expires May Commission # EE 8 hbn N 71. ±'�_ �'L P _k_c� NBC TAR PUBLIC My Commission Expires: &5J c� I 1 ac, f s Monroe County Forms Request for Qualifications Professional Engineering and Architectural September 9, 2014 Continuing Services Contract w � SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES (To be signed in the presence of a notary public or other officer authorized to administer oaths.) Before me, the undersigned authority, personally appeared Michael Pis, PE who, being by me first duty sworn, made the following statements: 1. The business address of AMEC Environment & Infrastructure, Inc. (name of bidder or contractor) i 5845 NW 158 Street, Miami Lakes, Florida 33014 2. My relationship to AMEC Environment & Infrastructure, Inc. (name of bidder or contractor) i Office Manager (relationship such as sole proprietor, partner, president, vice president, etc.) 3. 1 understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. - 4. 1 understand that "convicted" or "conviction' is defined by the statute to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 5_ 1 understand that "affiliate" is defined by the statute to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. 6. Neither the bidder or contractor nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the bidder or contractor nor any affiliate of the bidder or contractor has been convicted of a public entity crime subsequent to July 1, 1989. September 9, 2014 Sign turell3ate. (undersigned authority) Sworn to and subscribed before me in the state of Florida on the 9 day of September 20 14 Nota Public 051 I ac IS My commission expires and county of Polk (affix seal) �►"' °v% KATHYRIA N. RIVERA Notary Public - State of Florida My Comm. Expires May 1, 2015 Commission # EE 89186 Monroe County Request for Qualifications Professional Engineering and Architectural September 9, 2014 Continuing Services Contract r AC RV CERTIFICATE OF LIABILITY INSURANCE ATE( ;Za' S" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1- 908 -566 -1010 CONTACT NAME: Construction Risk Partners, LLC PHONE pAX A/C No l: E -MAIL Campus View Plaza ADDRESS: 1250 Route 28, Suite 201 INSURERS AFFORDING COVERAGE NAIC# Branchburg, NJ 08876 INSURER A: ACE AMER INS CO 22667 INSURED INSURER 3: ZURICH AMER INS CO 16535 Amec Foster Wheeler Environment & Infrastructure, Inc. INSURER C: AMERICAN ZURICH INS CO 40142 5845 NW 158th Street INSURER D: INSURER E Miami Lakes, FL 33014 INSURER F: CAVr-RAA> =S !`CDTICif�eTG iu�uern. . - - -- - - r.wraw11% wmoct[: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT WHICH THIS TO EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ALL THE TERMS, INSR ADDL SUBR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF J= WVD MM /DD POLICY EXP MM /DO LIMITS A X COMMERCIAL GENERAL LIABILITY G24554818 05/01/14 05/01/15 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCUR PR S Ea $ 100,000 MEO EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: a PRO- a GENERAL AGGREGATE $ 1,000,000 POLICY LOC PRODUCTS - COMP /OPAGG $ 1,000,000 OTHER: $ B AUTOMOBILE LIABILITY BAP 9483148 -03 05/01/14 05/01/15 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO X ALLOWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ X Comp $1,00 X Coll $1,000 Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION EMPLOYERS' LIABILITY WC 6724 254 - 05/01/14 05/01 /15 X STAT U' H AND UTE C YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N❑ N/A WC 3867133 - 07 05/01/14 05/01/15 E.L. EACH ACCIDENT $ 11000,000 C (Mandatory in NH) If yes, describe under WC 3504866 - 13 05/01/14 05/01/15 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1 $ 1, 000, 000 DESCRIPTION OF OPERATIONS below B Architects & Engineers Prof. EOC 9383578 06 05/01/14 05/01/15 Any One Claim /Agg 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Canal Demonstration Projects and Professional Architectural 8 Engineering Monras County, its sucessors and assigns are Additional Insured on the General policies as required by written contract. Services ! Liabil' d am Ile Liability APPR EM E WAIVER N/A S Monroe County Its Successors and Assigns SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Rey West, FL 33040 USA (fi n 1` © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Sklein 43076379